Common law

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Common law is a body of unwritten laws based on legal precedents established by the courts. It is a legal system that gives great precedential weight to common law, on the principle that it is unfair to treat similar facts differently on different occasions. The body of precedent is called "common law" and it binds future decisions. This principle is known as stare decisis.

History

Common law originated in England during the Middle Ages. It was developed by judges who applied their own sense of justice to the cases before them. Over time, these decisions were written down and became the basis for future judicial decisions. The common law system was later adopted by many countries that were once part of the British Empire, including the United States, Canada, Australia, and India.

Principles

The main principle of common law is that it is based on judicial decisions rather than statutes or written laws. Judges interpret and apply the law based on previous court decisions, which creates a consistent and predictable legal system. This is in contrast to civil law systems, which are based on comprehensive statutes and codes.

Common Law vs. Civil Law

Common law systems differ from civil law systems in several key ways:

• Sources of Law: Common law is based on judicial decisions, while civil law is based on written statutes and codes.
• Role of Judges: In common law systems, judges have a more active role in shaping the law through their decisions. In civil law systems, judges primarily apply the law as written.
• Precedent: Common law systems rely heavily on precedent, while civil law systems do not.

Common Law in Different Countries

• United States: The U.S. legal system is based on common law, with the Supreme Court being the highest authority.
• Canada: Canada follows a common law system, except for the province of Quebec, which follows a civil law system.
• Australia: Australia has a common law system, with the High Court of Australia being the highest court.
• India: India follows a common law system, influenced by its history as a British colony.

Modern Application

Today, common law continues to evolve as judges make new decisions based on changing social, economic, and technological conditions. It remains a fundamental part of the legal systems in many countries around the world.

See Also

• Stare decisis
• Civil law (legal system)
• Judicial precedent
• Statutory law
• Equity (law)